CONCEPT OF
INHERITANCE
ISLAMIC JURISPRUDENCE-II
LLB-4A
,The Meaning of Inheritance:
Inheritance is basically the transfer of the deceased person property to the living person along
with any other transferable rights. Inheritance has a different meaning in Islam. There is no
particular definition of the word Inheritance in Qur’an but various scholars have defined it in
their own ways. Inheritance is the transfer of the rights and obligations from the deceased person
to his/her heirs. Inheritance is the distribution of estate of the deceased’s person among the heirs
after the payment of funeral expenses, debts and valid bequest.
Islamic Inheritance Laws in the Quran:
The Islamic inheritance laws originate from three specific ayahs, or verses, in the Quran. These three
specific inheritance laws in the Quran establish the fractional shares that form the crux of the
inheritance laws.
The specific passages for Sharia distribution of wealth are in Surah Nisa’a (Surah No. 4), verses 7,
11-12 and 176.
SURAH AN-NISA AYAT 7
For men is a share of what the parents and close relatives leave, and for women is a share of what the
parents and close relatives leave, be it little or much – an obligatory share.
Verses 4:11-12 reads as follows:
Allah instructs you concerning your children: for the male, what is equal to the share of two females.
But if there are [only] daughters, two or more, for them is two-thirds of one’s estate. And if there is
only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left
children. But if he had no children and the parents [alone] inherit from him, then for his mother is
one third. And if he had brothers
[Or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or
your children – you know not which of them are nearest to you in benefit. [These shares are] an
obligation [imposed] by Allah. Indeed, Allah is ever knowing and Wise.
, And for you is half of what your wives leave if they have no child. But if they have a child, for you is
one-fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is
one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you
leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither
ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if
they are more than two, they share a third, after any bequest which was made or debt, as long as there
is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.
https://www.textroad.com/pdf/JBASR/J.%20Basic.%20Appl.%20Sci.%20Res.,%204(8)84-
89,%202014.pdf
Additionally, 4:176 says:
They request from you a [legal] ruling. Say,” Allah gives you a ruling concerning one having neither
descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will
have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two
sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the
male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And
Allah is knowing of all things.
In Hadith:
Sahih Muslim Book 11, Hadith Number 3929
Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as
saying: Give the shares to those who are entitled to them, and what remains over goes to the
nearest male heir.
Book 11, Number 3948:
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as
saying: He who leaves property, that is for the inheritors; and he who leaves behind destitute
children, then it is my responsibility (to look after them).This hadith has been narrated on the
authority of Shu'ba with the same chain of transmitters.
The law of inheritance in Islam is based upon five main considerations:
1. To break up the concentration of wealth in individuals and spread it out in society.
2. To respect the property right of ownership of an individual earned through honest means.
3. To hammer in the consciousness of man the fact that man is not the absolute master of
wealth he produces but he is its trustee and is not, therefore, authorized to pass it on to
others as he likes.
4. To consolidate the family system which is the social unit of an Islamic society.
5. To give incentive to work and encourage economic activity as sanctioned by Islam
According to Islam, the heirs have been divided into three classes.
i. Legal heirs (Dhaw-u'l-Fara'id)
INHERITANCE
ISLAMIC JURISPRUDENCE-II
LLB-4A
,The Meaning of Inheritance:
Inheritance is basically the transfer of the deceased person property to the living person along
with any other transferable rights. Inheritance has a different meaning in Islam. There is no
particular definition of the word Inheritance in Qur’an but various scholars have defined it in
their own ways. Inheritance is the transfer of the rights and obligations from the deceased person
to his/her heirs. Inheritance is the distribution of estate of the deceased’s person among the heirs
after the payment of funeral expenses, debts and valid bequest.
Islamic Inheritance Laws in the Quran:
The Islamic inheritance laws originate from three specific ayahs, or verses, in the Quran. These three
specific inheritance laws in the Quran establish the fractional shares that form the crux of the
inheritance laws.
The specific passages for Sharia distribution of wealth are in Surah Nisa’a (Surah No. 4), verses 7,
11-12 and 176.
SURAH AN-NISA AYAT 7
For men is a share of what the parents and close relatives leave, and for women is a share of what the
parents and close relatives leave, be it little or much – an obligatory share.
Verses 4:11-12 reads as follows:
Allah instructs you concerning your children: for the male, what is equal to the share of two females.
But if there are [only] daughters, two or more, for them is two-thirds of one’s estate. And if there is
only one, for her is half. And for one’s parents, to each one of them is a sixth of his estate if he left
children. But if he had no children and the parents [alone] inherit from him, then for his mother is
one third. And if he had brothers
[Or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or
your children – you know not which of them are nearest to you in benefit. [These shares are] an
obligation [imposed] by Allah. Indeed, Allah is ever knowing and Wise.
, And for you is half of what your wives leave if they have no child. But if they have a child, for you is
one-fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is
one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you
leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither
ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if
they are more than two, they share a third, after any bequest which was made or debt, as long as there
is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.
https://www.textroad.com/pdf/JBASR/J.%20Basic.%20Appl.%20Sci.%20Res.,%204(8)84-
89,%202014.pdf
Additionally, 4:176 says:
They request from you a [legal] ruling. Say,” Allah gives you a ruling concerning one having neither
descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will
have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two
sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the
male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And
Allah is knowing of all things.
In Hadith:
Sahih Muslim Book 11, Hadith Number 3929
Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as
saying: Give the shares to those who are entitled to them, and what remains over goes to the
nearest male heir.
Book 11, Number 3948:
Abu Huraira (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as
saying: He who leaves property, that is for the inheritors; and he who leaves behind destitute
children, then it is my responsibility (to look after them).This hadith has been narrated on the
authority of Shu'ba with the same chain of transmitters.
The law of inheritance in Islam is based upon five main considerations:
1. To break up the concentration of wealth in individuals and spread it out in society.
2. To respect the property right of ownership of an individual earned through honest means.
3. To hammer in the consciousness of man the fact that man is not the absolute master of
wealth he produces but he is its trustee and is not, therefore, authorized to pass it on to
others as he likes.
4. To consolidate the family system which is the social unit of an Islamic society.
5. To give incentive to work and encourage economic activity as sanctioned by Islam
According to Islam, the heirs have been divided into three classes.
i. Legal heirs (Dhaw-u'l-Fara'id)
